The public exhibition period for the planning proposal ran from Wednesday 13 April 2022 to Friday 27 May 2022.

Having considered the issues raised in the submissions during the public exhibition, at its meeting of 27 September 2022, Council resolved not to proceed with the planning proposal for 252-254 New South Head Road, Double Bay.

You can read the full Council resolution here.

The Council was not authorised by the Department of Planning and Environment to make the LEP under section 3.36 of the Environmental Planning and Assessment Act 1979. Accordingly, Council notified the Department of Planning and Environment (the Department) of its decision, and on 16 December 2022 the Department finalised the amendment. Woollahra LEP 2014 (Amendment No 30) came into force on the day it was notified. You can view the amendment on the NSW Legislation website.

Thank you to everyone who made a submission on this planning proposal. Your participation is valuable in helping to shape Council's planning controls to ensure they reflect the views of the whole community.

You can still find everything you need to know about the exhibition on this page, including FAQs and links to important documents.

To stay up-to-date with Council’s consultations, please register for Your Say Woollahra.

Background

Woollahra Council exhibited a planning proposal for 252-254 New South Head Road, Double Bay (SP 11702), to amend the applicable height (HOB) and floor space ratio (FSR) controls under the Woollahra Local Environmental Plan 2014 (Woollahra LEP 2014).

A local environmental plan (LEP) is a legal instrument that zones land and includes standards and controls to regulate the use and nature of development of the land.

The amendments aim to increase development potential on the land by increasing the HOB from 13.5m to 22m, and the FSR from 1.3:1 to 2.6:1.

This matter is the result of an owner initiated request for a planning proposal that Council resolved not to support at the Council Meeting on 23 November 2020.

On Thursday 22 July 2021, the Sydney Eastern City Planning Panel (SECPP) considered the applicant’s request for a rezoning review. Contrary to the Council recommendation, the SECPP supported the proposal being submitted for a Gateway determination because they considered that the proposal demonstrated strategic and site specific merit. Subsequently, at the Council Meeting on 23 August 2021, Council resolved to accept the role of Planning Proposal Authority.

The NSW Department of Planning and Environment (the Department) issued the Gateway determination on 15 December 2021. However, the Council was not authorised by the Department to make the LEP under section 3.36 of the Environmental Planning and Assessment Act 1979.

Once the planning proposal has been placed on public exhibition, the planning proposal will be reported to Council through an exhibition report and, subject to the Department's decision after considering submissions, a draft LEP will be prepared to amend the Woollahra LEP 2014.

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